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Regulations of Zhengzhou Municipality on Construction Safety Management (II)
Article 28 Construction personnel shall perform the following obligations according to law:
(1) Obtaining corresponding post certificates according to law;
(two) to comply with the mandatory standards, rules and regulations and operating procedures for production safety;
(three) the correct use of safety protective equipment, machinery and equipment;
(four) subject to the management of production safety, accept the education and training of production safety and fire control;
(five) to participate in safety emergency drills.
Twenty-ninth construction site management shall comply with the following provisions:
(a) do a good job in water saving, energy saving, material saving and environmental protection;
(two) the implementation of property management;
(3) Installing a remote video monitoring system according to regulations;
(four) in accordance with the provisions of the enclosure measures and warning signs, take protective measures in dangerous parts of the project;
(five) take measures at the main entrances and exits to ensure the cleanliness of vehicles, and the cleaning sewage should be comprehensively recycled, or discharged into public drainage facilities, rivers, reservoirs, lakes and channels after being treated up to standard;
(six) to take safety protection measures during the demolition operation;
(seven) take comprehensive dust reduction measures such as hardening, curing, greening, covering and spraying;
(eight) temporary houses should be built of non-combustible materials, and take fire prevention measures such as fire separation and safe evacuation;
(nine) set up fire exits, fire water sources, equipped with fire control facilities and fire fighting equipment, and set up obvious signs at the entrance of the construction site;
(ten) the use of closed transport vehicles, timely removal of construction waste; It is forbidden to burn garbage and materials at the construction site;
(eleven) in case of high temperature, rainstorm, hail and other weather, take necessary safety measures for construction personnel and temporary facilities, lifting machinery, scaffolding, cofferdam and other key parts;
(twelve) other provisions that should be observed according to law.
Article 30 The hanging basket for aerial work can only be used after it has passed the inspection. A special construction plan should be prepared for its installation and disassembly, and the installation and disassembly personnel should hold relevant certificates.
It is forbidden to use hanging ropes, hanging plates and other ways in violation of the norms in the construction of external walls of building projects for high-altitude operations.
Article 31 The office area and living area of the construction site shall be set separately from the construction area and processing area, keeping a safe distance, and complying with the relevant provisions on environment, sanitation, fire control, traffic, safety, civilized construction and green construction management.
Thirty-second construction site power lines should be laid in accordance with the specifications, leakage protection devices should be sensitive and reliable, and the safety protection devices of various mechanical and electrical equipment on site should be safe and effective.
It is forbidden to use gas stoves, kerosene stoves, coal-fired stoves and other high-power appliances such as electric heaters and electric stoves in the dormitory on the construction site.
Chapter IV Supervision and Administration
Article 33 This Municipality shall establish a standardized evaluation system for construction safety production, and the evaluation results shall be incorporated into the municipal credit information system and announced to the public.
The competent administrative department of urban and rural construction shall, when handling the record of completion acceptance, conduct standardized evaluation of construction safety production in accordance with state regulations.
Thirty-fourth construction engineering safety supervision and management institutions shall supervise the construction projects that have gone through the construction permit and other construction procedures, and formulate the supervision work plan, and clarify the project supervision personnel, supervision time, supervision frequency and supervision content.
The administrative departments of urban and rural planning and urban and rural construction shall investigate and deal with the construction projects that have started without obtaining planning permission, construction permit, commencement report and other related procedures or incomplete procedures.
Thirty-fifth city and county (city, district) administrative departments of urban and rural construction shall timely grasp the basic information and trends of construction enterprises engaged in construction activities within their respective jurisdictions, and strengthen safety supervision.
Thirty-sixth urban and rural construction administrative departments and their construction engineering safety supervision and management institutions shall strengthen the administrative law enforcement of construction safety according to law. Administrative law enforcement personnel enjoy the protection needed for law enforcement in the post of safety production supervision and supervision.
Construction engineering safety supervision and management institutions can purchase social professional services such as consultation, evaluation and auditing in accordance with relevant regulations.
Thirty-seventh urban and rural construction administrative departments shall supervise the extraction and use of safety production and civilized construction measures, and may entrust qualified audit institutions to audit according to law. If it is found that it is not extracted and used according to the regulations, it will be dealt with according to law.
Thirty-eighth urban and rural construction administrative departments and their construction engineering safety supervision and management institutions shall exercise the following functions and powers when implementing supervision and inspection:
(a) require the inspected units to provide documents and materials related to the construction safety of construction projects;
(two) to enter the construction site for safety production, civilized construction and green construction supervision and inspection;
(three) in violation of the provisions of the construction project safety production management behavior, be corrected on the spot or ordered to make corrections within a time limit;
(four) the safety hazards found in the inspection shall be ordered to be eliminated immediately; If the safety cannot be guaranteed before or during the elimination of major safety hazards, the operators shall be ordered to withdraw from the dangerous area and stop work for rectification;
(5) Other measures that can be taken according to law.
Supervision and inspection shall not affect the normal production and business activities of the inspected units.
Thirty-ninth urban and rural construction administrative departments should apply information technology to implement safety supervision, establish a building safety supervision information platform, build an electronic law enforcement system, and realize information sharing.
Fortieth urban and rural construction administrative departments and their construction engineering safety supervision and management institutions shall guide and inspect the emergency rescue work of production safety accidents of construction enterprises. Construction enterprises shall, in accordance with the requirements of the emergency plan, be equipped with corresponding emergency rescue equipment and materials, and conduct regular drills.
Article 41 The investigation and handling of safety accidents in construction projects shall be attended or organized by the competent departments of relevant industries according to law.
Accident investigation and handling and accident investigation report shall be announced to the public in a timely manner according to law.
The responsibility division of accident safety management shall be subject to the responsibility identification in the accident investigation report.
Chapter V Legal Liability
Forty-second acts in violation of the provisions of this Ordinance, the relevant laws and regulations have penalties, from its provisions.
Forty-third construction units in violation of the provisions of article tenth (three) and (four), the administrative department of urban and rural construction shall be ordered to make corrections, and may impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan.
Forty-fourth rental units in violation of the provisions of this Ordinance, one of the following acts, shall be punished by the administrative department of urban and rural construction in accordance with the following provisions:
(a) in violation of the provisions of Article 14, paragraph 2 (1), (2) and (3) of these regulations, it shall be ordered to stop using it, make corrections within a time limit and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan;
(two) in violation of the provisions of the fourteenth paragraph (four) of this Ordinance, it shall be ordered to make corrections and impose a fine of not less than five thousand yuan but not more than ten thousand yuan.
Forty-fifth construction enterprises in violation of the provisions of this Ordinance, one of the following acts, shall be punished by the administrative department of urban and rural construction in accordance with the following provisions:
(a) in violation of the provisions of the provisions of article seventeenth, did not go through the formalities for change, shall be ordered to make corrections, and may impose a fine of five thousand yuan to ten thousand yuan;
(two) in violation of the provisions of article twenty-fifth, did not implement the greening construction measures, shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the unit shall be fined 1 10,000 yuan but not more than 30,000 yuan, and the directly responsible person in charge shall be fined more than 5,000 yuan 1 10,000 yuan;
(three) in violation of the provisions of article twenty-ninth (two) of this Ordinance, it shall be ordered to make corrections and be given a warning;
(four) in violation of the provisions of article twenty-ninth (six) of this Ordinance, it shall be ordered to make corrections within a time limit and impose a fine of fifty thousand yuan and one hundred thousand yuan;
(five) in violation of the provisions of article twenty-ninth (seven) of this Ordinance, the construction site has not taken solidification and greening measures, and shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than thirty thousand yuan but not more than fifty thousand yuan shall be imposed;
(six) in violation of the provisions of the second paragraph of article thirtieth and the provisions of article thirty-second, it shall be ordered to make corrections within a time limit and impose a fine of not less than five thousand yuan but not more than thirty thousand yuan.
If a construction enterprise violates the provisions of the first paragraph of this article, the administrative department of urban and rural construction may order it to stop construction.
Forty-sixth supervision units in violation of the provisions of the second paragraph of article twenty-second, the provisions of article twenty-third, the administrative department of urban and rural construction shall be ordered to make corrections within a time limit and impose a fine of more than five thousand yuan and thirty thousand yuan.
Forty-seventh urban and rural construction administrative departments and other relevant administrative departments and construction engineering safety supervision and management institutions in the construction safety management, one of the following circumstances, resulting in serious consequences, shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) failing to implement supervision according to the supervision work plan;
(two) found that the construction safety violations are not promptly investigated;
(three) in the process of supervision, soliciting or accepting other people's property, or seeking other benefits;
(four) do not deal with reports and complaints about construction safety.
Forty-eighth any of the following circumstances, resulting in a safety accident, the actor shall bear the responsibility:
(a) during or after the suspension of construction safety supervision, a safety accident occurs;
(two) construction safety violations and hidden dangers have been investigated and dealt with according to law, and the responsible subject of the project construction refuses to implement the safety supervision instructions, resulting in a safety accident;
(three) the main responsibility of the project construction is fraudulent, which leads to the inability to make correct law enforcement actions.
Chapter VI Supplementary Provisions
Forty-ninth Zhengzhou Airport Economic Comprehensive Experimental Zone, National Zhengzhou High-tech Industrial Development Zone, National Zhengzhou Economic and Technological Development Zone and Zhengdong New District are governed by these Regulations.
Article 50 These Regulations shall come into force as of1October 2006+1day.
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